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1. XH v T Ltd [2024] NZDT 746 (2 November 2024) [pdf, 188 KB]

   ...delays for XH and his party. 2. When a van was received by XH, the party set off for the [Region 2]. During the journey, XH was stopped by Police. XH was told that there had been complaints received by T Ltd about XH’s driving. There were no formal complaints or charges but the Police retrieved the van from XH at the instruction of T Ltd which left XH and his party of passengers stranded in [Town]. 3. XH claims $1,960.00 for breach of contract. XH further claims there was a br...

2. Thompson - Estate of Walter William Wihongi (2015) 117 Taitokerau MB 245 (117 TTK 245) [pdf, 215 KB]

   ...land or an occupation order. Vaughan is not prepared to consent to an occupation order though he is prepared to 1 23 Whangarei MB 343 (23 WH 343). 117 Taitokerau MB 248 consider some form of occupation licence once the land is vested in him. Sheree says that she is entitled to an occupation order or some other equitable interest in the land as of right. I therefore address the issues in terms of the application for an oc...

3. Respond to a civil claim

   If someone starts a civil claim against you, you need to decide if you want to respond. This is called defending the claim. There are different types of claims. They usually have different fees, forms and time limits. Find out how you can defend a claim in the District Court Find out how you can defend a claim in the High Court Get legal help You can get a lawyer to help you when a civil claim is made against you. If you can’t afford a lawyer you may be able to get: legal aid free community l...

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   3. Court process

4. [2011] NZEmpC 49 Katz v Mana Coach Services Ltd [pdf, 143 KB]

   ...front of a Mitsubishi motor vehicle being driven by Mr Ian Phillips. Mr Phillips‟ vehicle was stationary in Martin Road waiting to cross over the intersection. [3] Later that same day, Ms Katz completed an insurance motor accident claim form for the defendant in which she admitted responsibility for the accident stating in explanation: “Just didn‟t see vehicle”. [4] The police attended the scene and on 11 June 2009, Ms Katz was issued with an infringement notice alleg...

5. [2015] NZEmpC 209 Ale v Kids At Home Ltd [pdf, 145 KB]

   ...Ms Ale was employed by Kids at Home as a lead visiting teacher until her dismissal in November 2013. [2] Ms Ale contended that her dismissal was unjustified and that she had been subjected to unjustified disadvantage. She sought to pursue her claims in the Employment Relations Authority (the Authority). 1 The Authority determined that aspects of her disadvantage grievance had not been raised within the 90-day timeframe for doing so. Ms Ale challenges the Authority’s determin...

6. QS v SQ [2023] NZDT 56 (21 February 2023) [pdf, 187 KB]

   ...paid refunded by SQ? d) Is QS entitled to be paid $150.00 for shoes and food left behind? CI0301_CIV_DCDT_Order Page 2 of 4 What was QS’s and SQ’s agreement when QS moved into the property? 5. Parties to a contract must perform their respective obligations. If they do not, they will be in breach and need to account for any loss caused to the other party to the contract. A verbal agreement can be a legally enforceable contract. Sometimes terms will be implied in a...

7. Watson v Accident Compensation Corporation (Deemed Cover) [2024] NZACC 002 [pdf, 188 KB]

   ...relied on the Corporation’s referral and Dr Waite’s report and trusted that her covered injuries would be updated to cover for CRPS. The Corporation had a responsibility to follow through and approve cover once it received the reports it had requested. The Corporation’s failure to extend cover for CRPS, or at least advise Ms Watson of the need for her to lodge a claim for such cover, shows a picture of neglect by the Corporation. The Corporation failed to issue a cover deci...

8. [2008] NZEmpC WC 17/08 Witcombe v Clerk of the House of Representatives [pdf, 219 KB]

   ...notes of a telephone conversation on the following day between the Clerk-Assistant and Crown counsel, Mrs Roanna Chan, about the matter. [23] On the following day, 18 September, the Clerk-Assistant e-mailed Crown Law “a refined draft” with a request that the earlier draft document be disregarded. I refer to this as the second preliminary draft. It appears that the plaintiff was then unaware of these interactions between the Clerk and Crown Law but it is not surprising that the...

9. DK v VP Ltd & VPV [2016] NZDT 944 (6 April 2016) [pdf, 86 KB]

   ...terms and conditions recognise this at clause 10. [11] DK is a consumer as above and there is no evidence to suggest he was ‘in trade’ at the time he engaged VP Limited to park his car. Even if he was, I note there is nothing on the booking form provided by VP Limited that records that he is ‘acquiring the service in trade’. Any contracting out agreement where both parties are ‘in trade’ is required to be in writing and no such agreement has been formed in this case....

10. Huang v Auckland Council [2012] NZWHT Auckland 26 [pdf, 135 KB]

    ...window flashings with stucco, but neither that document nor the 4251 Stucco Standard, mentioned turn ups on the end of sill flashings. This requirement was expressly set out in a bulletin BRANZ put out in 1998, but this was in relation to all forms of cladding. The need for stop-ends was not really reinforced, according to Mr Nevill, until a new E2AS1 Third Edition came out in draft form in 2004. [49] Mr Nevill accepted that a lack of stop-ends had contributed to water ingr...